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a good Will or not? The Council for the Will cited many Authorities from the civil Law, and ſhewed, that among the Romans, if a Man had made his Will, and was afterwards taken Captive, ſuch Will revived and became again in Force, by the Teſtator's repoſſeſſing his Liberty: And thence inferred, that as Marriage was a State of Captivity, Wills made by Women who became Free by Survivorship ought to revive with their Freedom.
But the Court finding one Diſtinction, viz. that Marriage was a voluntary Act, and Captivity the Effect of Compulſion, the Judges determined the Will to be void.
Obſervation, The Arguments of the Council make the Eſtate of Wives equal to, the Diſtinction of the Court worſe than, Slavery itſelf.
Caſe II. An unfortunate Wife who had been ſo cruelly treated by her Huſband, that Life itſelf was become a Burthen to her, at laſt made her Application to her Brother, who was a Clergy-Man, and inclined by all the Motives of Chriſtianity to aſſiſt her. He received her into his Houſe, with her Spirit quite oppreſt and ſunk by her Huſband's Severity, which had ſo far affected her Conſtitution, that he was in a very bad State of Health. He went to her Huſband, and
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